Relief for Altaf, setback for MQM-P in £10m properties case

LONDON: In a huge relief to the Muttahida Qaumi Movement (MQM) founder Altaf Hussain and a big setback to MQM-Pakistan, three judges of the UK’s Court of Appeal have accepted Altaf Hussain’s appeal against the judgement handed down over a year ago by the Insolvency and Companies Judge Clive Jones - depriving Mr. Hussain of six London properties worth around £10 million, in favour of the Pakistani faction of MQM led by Syed Aminul Haque and Khalid Maqbool Siddiqui.

Altaf Hussain had appealed the single judge’s decision before the Court of Appeal, arguing that the judge failed to take into consideration basic facts of how his party was hijacked by Dr Farooq Sattar and other MQM leaders in Karachi who didn’t let Altaf return to the MQM after his 22nd August 2016 speech and then his voluntary relinquishing of powers to Dr Farooq Sattar and the Central Coordination Committee (CCC).

The ICC Judge Clive Jones had declared that the MQM leader and former Federal Minister Syed Aminul Haque was right to bring a claim for the Trusts properties; that the real and legitimate MQM was the one based in Pakistan and therefore beneficiary of the six London properties.

The Court of Appeal judges Lord Justice Arnold, Lord Justice Moylan and Lord Justice Nugee have overturned the High Court Judge Clive Jones’ 13th March 2023 ruling that MQMP is MQM and that Altaf Hussain and his supporters do not have a valid defense as trustees to challenge the unconstitutional acts of MQMP on 31st August/1st September 2016.

MQM’s chief Altaf challenged the judgement of the High Court’s judge and the Court of Appeal heard the matter for two days on 23rd and 24th of April 2024 and reserved the judgement.

The Court of Appeal has now overturned the decision of the High Court judge on two, out of three, grounds of appeal by MQM led by Altaf Hussain. The judges dismissed Hussain’s appeal on the third ground that the Judge misconstrued Article 9 (a) of the 2016 constitution and ought to have held that it required a 2/3 majority of the entire Committee.

The judges have stated that there is no dispute that Altaf Hussain is the founder and the leader of MQM and that he has been living in exile because of threats and danger to his life in Pakistan.

The ruling mentioned the incident of grenade attack on Altaf Hussain in Karachi in 1991 and that Altaf Hussain has been in exile in London and leading his party from here.

In the unanimous decision, the judges decided that Altaf Hussain’s appeal is accepted and that the actions of MQMP on 31st August/1st September 2024 cannot be called constitutional as there is evidence of different contextual scenes behind it, including but not limited to, the crackdown on MQM and sealing of its headquarters and the statement of then spokesman of Prime Minister of Pakistan Musaddik Malik who warned MQM to dissociate itself from its chief Altaf Hussain or suffer the consequences.

The Court of Appeal has accepted Mr. Hussain’s ground that without deciding the constitutionality of MQMP acts, the High court judge erred in deciding that MQMP is the real MQM. The Judges also accepted the arguments of Mr. Hussain that he did not step back from his role in MQM but was asked by Dr Farooq Sattar to temporarily step back until the situation in Pakistan calms down but was later ditched by Dr. Sattar and his allies by bringing Article 6 (treason) resolution against Altaf Hussain in Sindh and National Assembly.

The Court has further stated that without having evidence on the backgrounds of the events unfolding to that announcement, it cannot be said that he stepped down as the Party chief of MQM and that the High Court must investigate the claims of violence on 22nd August 2016 on MQM workers.

The three judges have sent the matter back to the court with the directions to the High Court to investigate the change in MQM’s constitution.

The Court of Appeal rejected MQM-P’s claim that the English court cannot revisit the actions commenced in Pakistan.

The Court held that the notion is rejected as Claimant himself has come to the court for the properties in London and against the trustee residing in London, hence the Claimant cannot now go back on its position in denying the jurisdiction of the English Courts.

ICC Judge Jones had ruled that the lawyer acting for Syed Aminul Haque of MQM-P had established that the MQM’s April 2016 Constitution was adopted and “it has not been established that the 2015 Constitution was adopted and on the balance of probability it was not.”

ICC Judge Jones said in his judgment: “As on 23 August 2016 Mr Altaf Hussain stood down from any role in or involvement with MQM-P. Whether temporarily or permanently that did not alter before his expulsion from MQM-P when he formed a new association operating from London.”

The case was launched around four years ago at the UK High Court by MQM-P’s Syed Aminul Haque (the claimant, representative/member of Muttahida Qaumi Movement-Pakistan unincorporated association) against the party’s founder Altaf Hussain and other trustees/defendants.